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Home My WebLink AboutC-3901 - Encroachment Agreement (1100 Newport Center)WHEN RECORDED RETURN TO: City Clerk/4';;. 2/'. Li City of Newport Beach j P. 0. Box 1768 3300 Neport Boulevard Newport Beach, CA 92658-8915 _AcMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 IEXEMPT 8T7051983 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -1232 PM JAN 2.9 '87 COUNTY RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT !/Sd= RG'+2M(T 20 77 THIS AGREEMENT, made and entered into this , day of 1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation, PARTNERSHIP THREE hereinafter referred to as "CITY," AND CARVER DEVELOPMENT, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY owns certain public utility easements (hereinafter referred to as "EASEMENTS") located in the City of Newport Beach, County of Orange, State of California, which EASEMENTS are more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. B. OWNER owns that certain real property located at 1100 Newport Center Drive in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 2 of Resubdivision 616, as shown on a map filed in Book 152, pages 17 thru 20 inclusively, of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid EASEMENTS. C. These EASEMENTS contain public utilities. D. CITY has sewer and storm drain facilities located within said EASEMENTS containing said utility facilities. E. CITY desires to condition approval of construction of non-standard improvements over a portion of said EASEMENTS containing said utility facilities. F. The parties hereto desire to execute an Agreement providing for fulfillment of the conditions imposed by CITY on OWNER as a precondition for the granting of permission to construct non-standard improvements. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. DEFINITION Private improvements (hereinafter "IMPROVEMENTS") shall be defined to include special sidewalk surfacing and appurtenances. 1 of 4 �vCITY ! h.E1"1PCi 1' BEACH, FEB 251987 C-CEtVEB "RECORDING REQUESTED BY AND .WHEN RECORDED RETURN TO: JUN 2 4 1986 City Clerk City of Newport Beach P. 0. Box 1768 3300 Neport Boulevard Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT !/Scs THIS AGREEMENT, made and entered into this , day of 1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation, PARTNERSHIP THREE hereinafter referred to as "CITY," AND CARVER DEVELOPMENT^, hereinafter referred to as "OWNER," is made with reference to the following facts: A. CITY owns certain public utility easements (hereinafter referred to as "EASEMENTS") located in the City of Newport Beach, County of Orange, State of California, which EASEMENTS attached hereto and by this B. OWNER owns that are more particularly described in Exhibit "A" reference incorporated herein. certain real property located at 1100 Newport Center Drive in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 2 of Resubdivision 616, as shown on a map filed in Book 152, pages 17 thru 20 inclusively, of Parcel Maps, Records of Orange County, California, and which real property is contiguous to the aforesaid EASEMENTS. C. These EASEMENTS contain public utilities. D. CITY has sewer and storm drain facilities located within said EASEMENTS containing said utility facilities. E. CITY desires to condition approval of construction of non-standard improvements over a portion of said EASEMENTS containing said utility facilities. F. The parties hereto desire to execute an Agreement providing for fulfillment of the conditions imposed by CITY on OWNER as a precondition for the granting of permission to construct non-standard improvements. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. DEFINITION Private improvements (hereinafter "IMPROVEMENTS") shall be defined to include special sidewalk surfacing and appurtenances. 1 of 4 2. RIGHTS OF OWNERS OWNER may construct, reconstruct, install, maintain, use, operate, repair and replace said improvements, all in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, in, on, and across those certain EASEMENTS described in Exhibit "A" hereto, subject to CITY's issuing an encroachment permit to perform the aforementioned work 3. OWNER'S DUTIES OWNER shall properly and regularly maintain the IMPROVEMENTS and shall timely pay all costs and expenses incurred in doing so. In the event that OWNER fails to maintain the IMPROVEMENTS properly and/or regularly, CITY may at its option, assume the maintenance of the IMPROVEMENTS and OWNER agrees to pay all costs incurred by CITY in maintaining the IMPROVEMENTS. 4. REPAIRS CITY has the right to make such repairs to the IMPROVEMENTS as it deems necessary for the protection of the public health, welfare and safety, OWNER agrees to reimburse CITY promptly for the reasonable costs and expenses incurred by CITY in effecting such repairs. 5. RESTORATION Should CITY I5e required to construct, maintain, remove, repair, renew, replace or enlarge the sewer, storm drain or other public facilities within said EASEMENTS, CITY may remove all or part of the IMPROVEMENTS and, in such event, (a) OWNER shall restore the IMPROVEMENTS to their condition prior to removal by the CITY, said restoration to be completed within sixty (60) days from notice to OWNER that CITY has completed its work; and (b) OWNER agrees to pay any costs of restoration of the improve- ments. 6. INDEMNIFICATION OWNER agrees to indemnify, defend, and hold CITY, its officers, agents and employees harmless from all demands, claims, losses or liability that arise out of or that are in any way related to the construction, use, maintenance or restoration of the IMPROVEMENTS. 2 of 4 7. BREACH In the event either party breaches any material provisions of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breach- ing party is OWNER, CITY may remove all or part of the improvements installed by OWNER within EASEMENTS. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and cost incurred. 8. SEVERABILITY The provisions of this Agreement are independent and severable, and the invalidity or partial invalidity or unenforceability of any one pro- vision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 9. RECORDATION Each of the parties hereto specifically consents to the recorda- tion of this Encroachment Agreement in the Office of the County Recorder of Orange County, California, and the covenants, restrictions and charges hereunder, and all their benefits and burdens, shall run with the land, pursuant to Section 1468 of the Civil Code of the State of California. 10. ASSIGNMENT The terms and conditions of this Agreement shall be binding upon the successors and assigns of OWNER, and shall also be binding upon owners who take title to the property by reason of foreclosure, trustee's sale, or otherwise. 11. NOTICE When notice is to be given shall be addressed as follows: • CITY City of Newport Beach Office of City Attorney 3300 Newport Boulevard Newport Beach, CA 92663-3884 3 of 4 pursuant to this Agreement, it OWNER Carver Development 17 Corporate Plaza Drive P. 0. Box 7070 Newport Beach, CA 92660 Notice shall be deemed given as of the date of mailing when notice is properly addressed and mailed with first class postage prepaid EXECUTED the day and year first above written at Newport Beach, California. ATTEST: PROVED AS TO FORM: (1) ty Attorne CITY OF NEWPORT BEACH, a Mun0 .1 Cortoratio OF AdOL.go!.L-. By kelIkRVER DEVELOPMENT PARTNERSHIP THREE By_.ems - 4 of 4 1 STATE OF CALIFORNIA )ss. ', COUNTY OF Orange ) c On November 14, 1986 , before me, the undersigned, a Notary Public in and for co E 0.v said State, personally appeared LEROY L. CARVER, III 0 c as 0 a) E a personally known to me (or proved to me on the basis of satis- T. iZ factory evidence) to be the person that executed the within a instrument as general partnerA, 2 on behalf of CARVER DEVELOPMENT S PARTNERSHIP THREE , the partnership a therein named and acknowledged to me that the partnership co executed it. m ro WITNESS my hand and official seal. dail,._ J ofbs.R,.G/ Signature OBIAMINANO ant NOIS-COWIRS US NICHES COPP ok tamm. Expims Iro. 4, 1* (This area for official notarial seal) STATE OF CALIFORNIA) ss COUNTY OF ) On this day of , 19 , before me, , a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) described in, and whose name(s) is (are) subscribed to the within instrument and he (she, they) acknowledged to me that he (she, they) executed the same. My commission expires. Witness my hand and official seal: Notary Public in and for said State ouv, 4), TAW � /TEA' BLD . 51kJG PLA R LOIJl. GTOLI Encroachment area shown in red. REMOt/E ¢¢ .PE,=7,__4CB EX/ T. RCC . P"4 ciE. /N /Y/A/o TO /A/ 7A64. 4,47E,2,9C... k 7 o i- /N.4C/NO 7O /iL'S/AGG LATE/24 \,4' G*Nor. TAP C / 97E 'UC7 0-- CGW5/7. O. 25' A.L. /L